BILL NUMBER:  S879

 TITLE OF BILL :

An act to amend the vehicle and traffic law, in relation to driving in
preferential use lanes


 PURPOSE OF THE BILL :

Promotes carpooling and the use of preferential use (high occupancy
vehicle) lanes by establishing and defining traffic infractions for
improper use and improper entry into such lanes and establishing
reasonable penalties to deter such conduct.

 EXISTING LAW :

There are no existing provisions in law defining the phrase
"preferential use lanes" and establishing traffic infractions for
unsafe use or improper entry into such lanes. Municipalities which
have established preferential use lanes are currently relying upon
existing traffic infractions which were never designed to address the
proper use of preferential lanes and, thus, do not establish
appropriate penalties for improper conduct in connection therewith.

 JUSTIFICATION :
              

Carpooling has become a well-accepted method of reducing energy
consumption and air pollution, saving wear and tear on highways and
reducing traffic congestion in urban areas. Preferential use lanes
have become a reliable method of promoting carpooling and facilitating
the rapid and orderly movement of traffic to and from urban areas
during peak traffic periods. To allow preferential use lanes to
operate effectively, this bill establishes two new traffic infractions
designed to prohibit conduct which could detract from proper use or
present hazards for other motorists. New section 1132 prohibits
motorists from operating a vehicle in a preferential use lane unless
the vehicle is being operated in compliance with the terms established
for the use of such lanes. For example, a motorist may not drive solo
in a preferential use lane authorized only for use by vehicles
carrying two or more occupants. This bill authorizes municipalities to
fine motorists engaged in such improper conduct up to $75 for each
such violation. Because such violations do not involve highway safety,
the bill prohibits the Commissioner from prescribing points on an
individuals driver's license for such a violation. The purpose of
points under the Vehicle and Traffic Law is to deter safety
violations. Occupancy violations like those prescribed by new V & T
Section 1132 are not safety violations and do not represent conduct
which threatens other motorists. Points, therefore, are not an
appropriate penalty. Indeed, points for conduct of this nature would
be overly punitive since accumulated points can cause a motorist to
have his or her license suspended and/or increase the premium costs
motorists must pay for automobile insurance. A monetary penalty of up
to $65 is a sufficient penalty to deter motorists from violating the
use restrictions of such lanes.

New subdivision in 1128 prohibits motorists from entering preferential
use lanes at a point not authorized for such entry. Such conduct is
especially hazardous and is clearly a safety violation. In order to
deter such unsafe driving conduct, this bill authorizes municipalities
to fine violators not less than $100 nor more than $200 for a first
offense, and not less than $200 nor more than $300, for a second or
subsequent violation committed within eighteen months of a previous
violation of this section. At the Commissioner's discretion, points
could be imposed for such a violation.

Finally, the bill provides a remedy for the arbitrary and inequitable
manner in which the Department of Motor Vehicles currently addresses
the issue of points for such violations. The Department of Motor
Vehicles has ruled that motorists violating the High Occupancy Vehicle
lanes on the Long Island Expressway will not be assessed points, while
those violating the same restrictions on the Queensboro Bridge and
other locations will be assessed such penalty. Thus, Significantly
different penalties for the same offense are being assessed. High
Occupancy Vehicle lanes are likely to proliferate in the future, a
fair and uniform approach is needed.

 FISCAL IMPLICATIONS FOR STATE & LOCAL GOVERNMENTS :

State and localities may realize additional revenues.

 EFFECTIVE DATE :
120 days after it shall become law.